John Herbig Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2025

It depends. If your Order states specifically that your child support terminates on the child's birthday or when the child graduates high school, whichever comes second, and both of those things have happened then you don't need to file anything with the Court or the Attorney General.... View More

Under the facts described, it seems likely that he will need financial assistance from family and/or friends to retain a lawyer with sufficient experience and skill who practices in the area of family law in or near the county of suit. While he may well qualify financially for legal assistance... View More

Under Texas law, if you are listed as a parent on a child’s birth certificate AND have provided financial support, then you are presumed to be the father. Aside from that, any child born during your marriage is also your presumed child. This legal presumption applies regardless of biological... View More

If your ex-husband is failing to make spousal maintenance payments or threatening to stop them, you can file a Motion for Enforcement of Spousal Maintenance in the family court that issued your decree. The court can order him to pay arrears, issue a judgment against him, and, in some cases, hold... View More

You can see if you qualify for pro bono legal assistance at one of the many pro bono legal clinics in the State of Texas. Legally, you also can represent yourself; however, I would not recommend it. Unless you are thoroughly familiar with the legal process and what needs to be done, I do not... View More

Evidence like your VA disability and financial situation should have been considered in the proceeding determining the amount of child support you were ordered to pay. If that changed in your favor after the child support order was entered, it was incumbent on you to promptly file a motion to... View More

Thank you for your service. I don't have good news—you cannot modify your CS arrears like that. What should have taken place was a CS modification on your monthly obligation (different from arrears) when your income changed substantially. If it's been more than 10 years since your child... View More

It would be simple to amend the existing pleading. An amended pleading replaces the previous pleading. Your attorney should be able to accomplish this very quickly and inexpensively.

First, run a copy of your child support payment record and review it to determine why the AG thinks you owe child support if you think you have been making all of your payments. Make sure that the record is accurate.

Second, if the amount of your tax refund exceeded the amount that your... View More

You might want to communicate with the other parent to whom the child support is owed. If they are trying to negotiate a release of the child support lien for less than the amount you owe, the other parent may be the stumbling block.

You need to take your court order and case file to an attorney who practices family law in or near the county where the court is located that issued the child support order. There are almost certainly relevant facts which are not contained in your question. In most cases, a child support... View More

By Texas law, child support ends when the child turns 18 or graduates from an accredited high school, whichever is later. You need to check your final court order. You can also submit a judge-signed withholding order to your employer to stop the child support garnishment.

I have a strong... View More

John Herbig Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2025

A party can take the other party back to court to recalculate child support if three years have passed and the amount of the child support would change by at least one hundred dollars, or 20%. A party can also take you back to court if there has been a substantial change in circumstance.... View More

It is both legal and required. Unpaid child support can (and should) affect your credit. Child support is a "preferred" debt that takes priority over many other types of debt in the event of a priority dispute or bankruptcy. A child support lien is usually going to be satisfied first,... View More

You can file a motion to modify in suit affecting the parent-child relationship. The fact that the divorce court judge has already found it necessary for you two to communicate through the Talking Parent app indicates the judge is already aware that you two have communication problems. 300... View More

Sharita Blacknall Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2025

I understand your frustration. It sounds like your verbal agreement with your ex-wife regarding claiming the children on taxes wasn’t honored, which can be incredibly frustrating.

Since your court order doesn’t specify who can claim the children, it’s best to consult with a tax... View More

Legally, only one parent can claim a child as a dependent on that parent's individual federal income tax return. The IRS has Publication 504 which discussed this issue in depth: https://www.irs.gov/forms-pubs/about-publication-504

On a more practical note, I am familiar with... View More

Sharita Blacknall Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2025

In Texas, a non-custodial parent cannot voluntarily terminate their parental rights solely due to personal reasons, such as a busy work schedule or financial obligations. Parental rights can only be terminated by a court order, typically when it is in the best interest of the child. This generally... View More

If you can prove that you were married pursuant to common law at the time the home was purchased, the home is community property and subject to a just and right division upon divorce.

Otherwise, if the home was purchased by him before you were married, it is his separate property.... View More

1. Fill out the required Income Withholding for Support Order (IWO) form.

2. Print the IWO form.

3. If possible, hire an attorney to review your completed IWO form.

4. Take the completed IWO form to the Judge who signed, or will sign, your order for child support, cash... View More